FEDERAL ELECTION COMMISSION

WASHINGTON, D.C. 20463 

BEFORE THE FEDERAL ELECTION COMMISSION

In the Matter of ) 

 ) 

Governor Scott Walker ) 

Scott Walker, Inc. and Kate Teasdale in her official ) 

capacity as treasurer ) MURs 6917 and 6929 

Our American Revival and C. Ryan Burchfield ) 

in his official capacity as treasurer ) 

 ) 

and ) 

 ) 

In the Matter of ) 

 ) 

John R. Kasich ) 

Kasich for America, Inc. and ) 

J. Matthew Yuskewich in his capacity as treasurer ) MURs 6955 and 6983 

New Day For America and ) 

J. Matthew Yuskewich in his capacity as treasurer ) 

STATEMENT OF REASONS OF 

VICE CHAIR ALLEN DICKERSON AND COMMISSIONERS SEAN J. COOKSEY 

AND JAMES E. “TREY” TRAINOR III

These matters concern allegations that two candidates for the Republican nomination for 

President in 2016—former Ohio Governor John R. Kasich and former Wisconsin Governor Scott

Walker—and their respective presidential campaign committees accepted excessive and 

impermissible contributions in the form of testing-the-waters expenditures from organizations 

associated with the candidates. In Kasich’s case, the complaints alleged that New Day for America 

and J. Matthew Yuskewich in his official capacity as treasurer (“New Day”) made such 

contributions to Kasich for America, Inc. and J. Matthew Yuskewich in his official capacity as 

treasurer (“Kasich Committee”), in violation of the Federal Election Campaign Act of 1971, as 

amended (the “Act”). In Walker’s case, the complaints alleged that Our American Revival and C. 

Ryan Burchfield in his official capacity as treasurer (“OAR”) made such contributions to Scott 

Walker, Inc. and Kate Teasdale in her official capacity as treasurer (“Walker Committee”) in 

violation of the Act. After full deliberation by the Commission, and considering that the allegations 

in these matters relate to the 2016 election cycle and the Commission currently faces a significant 

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backlog of cases due to its previous loss of a quorum, we voted to exercise our prosecutorial 

discretion to dismiss these matters and close the files.1

* * * 

On April 23, 2019, the Commission found reason to believe a violation had occurred in 

both of these matters and subsequently commenced its investigations.2 In relation to Walker, the 

Commission found reason to believe that he and the Walker Committee violated the Act by 

accepting excessive contributions in the form of testing-the-waters expenditures,3 that the Walker 

Committee failed to report these testing-the-waters expenditures,4 and that Walker violated the 

Act by filing a late statement of candidacy.

5 Further, the Commission found reason to believe that 

OAR violated the Act by making excessive contributions in the form of testing-the-waters 

expenditures.6

 

As it pertains to Kasich, the Commission found reason to believe that he and the Kasich 

Committee violated the Act by accepting excessive and impermissible contributions for testingthe-waters activity7 and in the form of coordinated communications,8 that the Kasich Committee 

failed to report these testing-the-waters expenditures and coordinated communications,9 and that 

Kasich violated the Act by filing a late statement of candidacy.10 Additionally, the Commission 

found reason to believe that New Day violated the Act by making excessive and impermissible 

contributions in the form of testing-the-waters expenditures and by making excessive and 

1

 Certification, MURs 6917 and 6929 (Mar. 31, 2021) (Scott Walker, et al.) (recording the Commission’s 

vote to dismiss the matters as to all Respondents and close the file); Certification, MURs 6955 and 6983 (Mar. 31, 

2021) (John R. Kasich, et al.) (recording the Commission’s vote to dismiss the matters as to all Respondents and 

close the file).

2

 See Certification, MURs 6917 and 6929 (Apr. 24, 2019) (“Walker RTB Certification”) and Factual and 

Legal Analyses, MURs 6917 and 6929 (Gov. Scott Walker, et al.); Certification, MURs 6955 and 6983(Apr. 24, 

2019) (“Kasich RTB Certification”) and Factual and Legal Analyses, MURs 6955 and 6983 (Gov. John R. Kasich, 

et al.).

3

 See 52 U.S.C. § 30116(f) and 11 C.F.R. §§ 100.72(a) and 100.131(a); Walker RTB Certification ¶ 2.a.

4

 See 52 U.S.C. § 30104(b); Walker RTB Certification ¶ 2.c.

5

 See 52 U.S.C. § 30102(e)(1) and 11 C.F.R. § 101.1(a); Walker RTB Certification ¶ 2.d. 

6

 52 U.S.C. § 30116(a); Walker RTB Certification ¶ 2.b. The Commission also decided to take no action as 

to allegations that the Walker Committee violated 52 U.S.C. §§ 30103(a) and 30104, and allegations that OAR 

violated 52 U.S.C. § 30125(e). Walker RTB Certification ¶¶ 2.e-f.

7

 See 52 U.S.C. §§ 30116(a) and 30118(a) and 11 C.F.R §§ 100.72 and 100.131; Kasich RTB Certification 

¶ 2.a.

8

 See 52 U.S.C. §§ 30116 and 30118(a); Kasich RTB Certification ¶¶ 2.f, g.

9

 52 U.S.C. § 30104(b); Kasich RTB Certification ¶ 2.b.

10 52 U.S.C. § 30102(e)(1); Kasich RTB Certification ¶ 2.d. 

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impermissible contributions in the form of coordinated communications and by failing to report 

those coordinated communications.11 

 

OGC conducted investigations to determine the full scope of the activities in these matters.

The Commission issued initial subpoenas and OGC engaged in both formal and informal 

discovery. During the time that OGC was conducting its investigations, the Commission was 

without a quorum for approximately 15 months: it lost its quorum for approximately nine months 

beginning on September 1, 2019,12 regained its quorum for approximately one month,13 and then 

lost its quorum again for nearly six months.14 The Commission has been operating with a full 

quorum since December 18, 2020.15 During the periods where the Commission lacked a quorum, 

it was unable to vote on matters.16

During the time in which the Commission lacked a quorum, OGC sent General Counsel’s 

Briefs stating that it was prepared to recommend that the Commission find probable cause to 

believe that the Respondents (Walker, the Walker Committee, and OAR in MURs 6917 and 6929; 

and Kasich, the Kasich Committee, and New Day in MURs 6955 and 6983) violated the Act when 

OAR and New Day made, and Walker, Kasich, and their respective committees accepted and did 

not report, excessive and prohibited contributions. Respondents in both matters submitted Reply 

Briefs. After considering the arguments raised in the Reply Briefs, OGC notified the Commission 

that it was recommending probable cause to believe as to the Respondents in both matters. 

When OGC circulated the notices as to Walker, the Walker Committee, and OAR on 

July 7, 2020, the statute of limitations had expired as to some of the allegations in the Walker 

matters, but there was some time remaining on the statute of limitations on the allegations 

concerning the Committee’s reporting violations and on the allegation that Walker had filed a late 

statement of candidacy. 17 There was no quorum at the time that OGC circulated these notices and 

11 See 52 U.S.C. §§ 30104(a), 30116(f) and 30118(a); Kasich RTB Certification ¶¶ 2.c, h. The Commission 

also decided to take no action as to allegations that New Day violated §§ 30103(a) and 30125(e). Kasich RTB 

Certification ¶¶ 2.e, j.

12 See Press Release, FEC, FEC remains open for business, despite lack of quorum (Sept. 11, 2019), 

https://www.fec.gov/updates/fec-remains-open-business-despite-lack-quorum/.

13 See Press Release, FEC, James E. Trainor III sworn in as Commissioner (June 5, 2020), 

https://www.fec.gov/updates/james-e-trainor-iii-sworn-commissioner/.

14 See Press Release, FEC, Caroline C. Hunter to depart Federal Election Commission (June 26, 2020), 

https://www.fec.gov/updates/caroline-c-hunter-depart-federal-election-commission/.

15 See Press Release, FEC, Shana Broussard, Sean Cooksey, Allen Dickerson sworn in as Commissioners 

(Dec. 18, 2020), https://www.fec.gov/updates/shana-broussard-sean-cooksey-allen-dickerson-sworncommissioners/.

 

16 During the pendency of these matters, the Commission was also unable to take any action during the 

federal government shutdown that took place from December 22, 2018 through January 25, 2019. 

17 See Notice to the Commission Following the Submission of Probable Cause Briefs (Gov. Scott Walker and 

Scott Walker, Inc.) (Jul. 7, 2020); Notice to the Commission Following the Submission of Probable Cause Briefs 

(Our American Revival) (Jul. 7, 2020). OGC also recommended that the Commission find probable cause to believe 

that Walker had filed a late Statement of Candidacy.

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the remaining time on the statute of limitations lapsed before the quorum was restored. Similarly, 

when OGC circulated the notices as to Kasich, the Kasich Committee, and New Day on March 3, 

2021, the statute of limitations had also lapsed during the time that the Commission had lacked a 

quorum.18 

 

Following the restoration of the quorum, and after the expiration of the five-year statute of 

limitations, the Commission considered the notices circulated by OGC, as well as the General 

Counsel’s Briefs setting forth OGC’s reasons for the recommendations, and the Reply Briefs and 

Supplemental Reply Briefs submitted by the Respondents. Against this background, and 

considering the significant case backlog the Commission amassed while it lacked a quorum, we 

concluded that it would not be prudent to continue to expend valuable Commission resources to 

pursue probable cause conciliation with Respondents and instead voted to dismiss the matters in 

an exercise of our prosecutorial discretion under Heckler v. Chaney, 470 U.S. 821, 831 (1985). 

______________________________ _________________________ 

Allen Dickerson Date

Vice Chair

_________________________________ _________________________ 

Sean J. Cooksey Date

Commissioner

_________________________________ _________________________ 

James E. “Trey” Trainor, III Date

Commissioner

18 See Notice to the Commission Following the Submission of Probable Cause Briefs (John R. Kasich and 

Kasich for America, Inc.) (Mar. 3, 2021); Notice to the Commission Following the Submission of Probable Cause 

Briefs (New Day for America) (Mar. 3, 2021).

April 29, 2021

April 29, 2021

April 29, 2021

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